Poonambhai Mulabhai Parmar v. Kanku Laxman Makwana (Deceased)

YBG 50-nmt-201-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.201 OF 2018 IN TESTAMENTARY PETITION NO.1335 OF 2016 Kanku Laxman Makwana ..

Deceased Poonam Laxman Makwana @ Poonam Mulabhai Parmar ..

Petitioner

CORAM

:

R.D.DHANUKA, J.

DATE :

21st November 2018.

P.C.

By this notice of motion, the applicant seeks recall of the order dated 2nd May 2018 insofar as Petition No. 1335 of 2016 is concerned.

2] Learned Counsel further states that the citation could not be published in the newspaper within the time stipulated by this Court under the said order. But the said objection has been removed after the expiry of the time granted by this Court on 2nd May 2018. The statement is accepted. The order dated 2nd May 2018 is recalled, insofar as petition No.1335 of 2016 is concerned,

YBG 50-nmt-201-18 on the condition that the office objections, if any, shall be removed within two weeks from today.

3] ` Insofar as prayer clause (d) is concerned, the applicant has made out a case for grant of said relief in para 6 of this motion. I am, therefore, inclined to grant said relief. Notice of motion is, therefore, made absolute in terms of prayer clauses (a) and (d). The applicant is directed to remove all office objections within two weeks from today. It is made clear that no further extensions will be granted.

4] If the objections are not removed within the period of two weeks from today, this order shall automatically stand vacated and the order dated 2nd May 2018 shall stand restored in sofar as petition No.1335 of 2016.

(R.D.DHANUKA, J.)